Child custody is one of the most important elements of any divorce case. Child custody can affect how much time a child spends with their parents, which parent has the right to make decisions during medical emergencies, matters of school attendance, and much more.
As a divorced or soon-to-be-divorced parent, you need to know if Arkansas grants sole custody or if joint custody is the norm. Read on to learn the answers to this question and more.
Physical Custody vs. Legal Custody
Before going further, you need to know the difference between physical custody and legal custody.
Physical custody concerns who is physically in charge of a child or children and where they spend their time. For example, if one parent has sole physical custody, the child in question spends all of their time with that parent.
In contrast, if the parents share physical custody, their child spends part of their time with each parent separately. However, joint custody doesn’t necessarily mean that the child spends the same amount of time with each parent.
Legal custody concerns who makes legal decisions on behalf of the child, such as which school they attend, what medical decisions are made for the child, and more.
Legal custody and physical custody are usually ordered together (i.e., if a couple is awarded joint custody of a child, joint custody will apply to both physical and legal custody), but not always. For example, if one divorced parent is overseas in the military, the domestic parent may have sole physical custody, but both parents may share legal custody.
In July 2021, the Arkansas legislature oversaw Act 604 as it went into effect. Act 604 made joint custody the default custody arrangement for any Arkansas child custody orders in the future. As a result, all current divorce cases have a higher chance of resulting in joint custody for divorcing parents as opposed to sole custody.
Previously, sole custody was more likely, and it was usually awarded to the mother of the child or children. Arkansas child custody courts now believe that joint custody is usually in the best interest of the children of divorced parents.
Specifically, it is believed that children benefit from having contact with both of their parents, rather than one or the other, provided that both parents:
- Are morally and physically responsible
- Have the capacity to care for the child
- Are not in legal trouble
This means that if one parent wishes to acquire sole custody, they must meet a high standard of evidence and prove beyond a reasonable doubt that joint custody is not in the best interest of their child. Simply desiring sole custody is not enough to have it granted by a family law court.
When is Sole Custody Granted in Arkansas?
Because sole custody deprives a child of contact with one of their parents, it is not granted lightly. That said, Arkansas courts may grant sole custody to one or the other parent in circumstances such as:
- If one parent is either unwilling or unavailable to participate in child custody (i.e., they are overseas or in prison)
- If one parent is not suitable to be involved in custody (i.e., they are in prison, are mentally disabled, etc.)
- If one of the parents has a proven history of violence, neglect, or abuse of the child in question
- If there is a history of drug abuse on the part of one of the parents
- If one or the other parents has engaged in criminal behavior
- If one of the parents refuses to have a diplomatic or amicable relationship with the other parent (at least in regard to child custody arrangements)
- If a parent’s primary location is far from the other parent
In short, sole custody is only granted when it is the clear best choice for the good of the child.
How Does Sole Custody Affect Childcare?
Sole custody—whether it is complete or if it is only physical or only legal—can affect childcare arrangements significantly.
For example, if one parent has sole physical custody but both parents have joint legal custody, the parent with sole physical custody has the child 24/7, but both parents may need to be involved in decisions like moving to a new school or whether to perform an operation on the child in the event of a medical emergency.
Because sole custody can make childcare complex and difficult, Arkansas courts tend toward awarding joint custody if at all possible.
Can a Child Custody Order Be Changed?
A parent may petition the court to have the child custody order changed. For instance, if a parent shares joint custody of their child with an abusive ex-spouse, they may petition the court to get sole custody of the child.
However, the parent seeking the change must prove that sole custody is better for the child than the alternative. This may involve gathering evidence that proves abuse or neglect on the part of the other parent and presenting that evidence in court.
Contact Milligan Law Offices for an Initial Consultation
In any divorce case, it can be difficult to know how child custody will turn out. If you want to push for sole or joint custody and your ex-spouse wishes for something else, it’s important to protect yourself with qualified legal representatives.
Knowledgeable family law attorneys can advise parents about the likelihood of securing joint or sole custody. It’s a good idea to get in touch with a lawyer at the earliest opportunity if you want to pursue a specific custody order when child custody arrangements are still being settled or to change an existing child custody order.
Milligan Law Offices can help you achieve the child custody outcome you seek. Get in touch for an initial consultation by calling us at (479) 783-2213 or by contacting us online.
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